LIBERTY CAPITAL MGMT., INC. v. McCALL


198 A.D.2d 166 (1993)

604 N.Y.S.2d 58

Liberty Capital Management, Inc., Appellant-Respondent, v. J. Bartow McCall, as Executor of William L. Chapman, II, Deceased, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 23, 1993


The IAS Court properly determined that the testimony of plaintiff's witnesses, in relevant part, was not credible. The original founder's agreement, that the company would be owned equally by the three partners, is well established by supporting documentation and uncontroverted testimony. There exists neither documentary evidence nor credible testimony establishing the putative oral conditions precedent to exercise of subscription...

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